Affordable housing trumps local law, according to the Connecticut Appellate Court's decision in Brenmor Properties, LLC v. Planning and Zoning Commission, to be officially released on February 2, 2016. The main issue in this relatively long opinion surrounded an interior road…
A foreclosing plaintiff had standing to foreclose because it was the holder of the note and defendant failed to rebut the resulting presumption of ownership. Also, defendant failed to preserve an appellate challenge to the existence of an agency relationship…
A default judgment was not void despite procedural irregularities in obtaining it. Nor was the judgment inconsistent with the relief requested in the complaint. Before you jump to any conclusions about that first sentence, yes, a default judgment and a judgment…
A municipal parking lot is not a nuisance in and of itself, even if it is right next to your house. The Connecticut Appellate Court came to this conclusion in Perry v. Putnam, which will be officially released on February…
The motor vehicle exception to the worker's compensation exclusivity provision did not apply to a police officer's negligence action against a fellow officer, according to a Connecticut Appellate Court opinion to be officially released on February 2, 2016. The facts…
An appeal requires a record. Lawyers should know that. But it's understandable that the self-represented plaintiff in Lazzari v. The Stop and Shop Supermarket Company, LLC did not. Plaintiff claimed that he was injured at work and filed for workers'…
A court cannot open a dissolution judgment absent fraud, the Connecticut Appellate Court re-confirmed in a January 25, 2016 advance release opinion. The court lacks subject matter jurisdiction to open the judgment without finding fraud, even if the parties agree to open it.…
Lack of party mutuality does not bar collateral estoppel. That's what the Connecticut Appellate Court concluded in Pollansky v. Pollansky, which will be officially released on January 26, 2016. The Appellate Court cited two Connecticut Supreme Court decisions from the 1990s for…
A release of lis pendens is not available for the asking. I know that sounds too obvious to require the Connecticut Appellate Court's attention but it's really the only thing worth mentioning about the opinion in Levinson v. Lawrence, to…
Arbitrators have wide latitude in interpreting collective bargaining agreements according to a new Appellate Court opinion to be officially released on January 26, 2016. In Burr Road Operating Company II, LLC v. New England Health Care Employees Union, District 1199,…
Call Me Now